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HomeMy WebLinkAboutORD 1450 ORDINANCE NO. 1450 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BALDWIN PARK EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF NEW AND EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS WITHIN THE CITY OF BALDWIN PARK, AND DECLARING THE URGENCY THEREOF. WHEREAS, prior to 2009 the State of California did not uniformly regulate massage businesses or professionals and local jurisdictions enacted a variety of different ordinances to regulate massage businesses and professionals; and WHEREAS, the California Legislature subsequently enacted SB 731, entitled the Massage Therapy Act which established limits on local jurisdictions to regulate massage professionals; and WHEREAS, AB 619 was a subsequent amendment to SB 731 and further limited local governments to regulate these establishments by requiring them to be classified the same as other `professional services' such as medical offices; and WHEREAS, in 2012, SB 1238 was passed by the State Legislature which expanded AB 619 to include additional requirements for professionals and the sharing of information between the California Massage Therapy Council and local law enforcement; and WHEREAS, the state laws had the unintended consequence of resulting in a proliferation of massage establishments throughout California, many of which were or are believed to be fronts for prostitution and/or human trafficking; and WHEREAS, SB 731, AB 1147 went into effect in 2015 and divided responsibilities for massage regulation between the State of California and local governments; and WHEREAS, AB 1147 returned local land use authority to local governments and allow cities to adopt local ordinances that govern zoning, business licensing, and reasonable health and safety requirements for establishments, even if the same requirements do not apply to other professional service providers; and WHEREAS, the City Council finds that the oversaturation of massage establishments, a number of which have been found in violation of the law, changes the character of a neighborhood, causes blight and impacts quality of life and the local economy by compromising public trust; and WHEREAS, there is a need to study existing and potential land uses within the City to assure compatibility between the location of massage establishments and surrounding properties, and to consider revisions to the zoning ordinance accordingly to conform to the General Plan. Urgency Ordinance-1450 Massage Establishments February 19, 2020 Page 2 WHEREAS, on January 15, 2020 the City Council of the City of Baldwin Park adopted Ordinance 1448, enacting a moratorium prohibiting the establishment of new and the expansion of massage establishments within the City of Baldwin park; and WHEREAS, on February 19, 2020, the City Council conducted a public hearing, notice of which was given pursuant to Government Code Section 65090, on the potential extension of the moratorium imposed by Ordinance 1448 and Ordinance 1450 was adopted extending the moratorium until January 15, 2021 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council hereby adopts each recital set forth above as a finding of the City Council. SECTION 2. The City Council further finds that the establishment of new and or expansion of existing massage establishments may constitute a current and immediate threat to the public health, safety or welfare in that such uses may impose adverse impacts on surrounding properties, including but not limited to an increase in crimes, and upon that basis has determined that an interim urgency ordinance pursuant to Government Code Section 65858 is warranted. SECTION 3. Pursuant to Government Code § 65858, the City Council hereby declares a moratorium on the establishment of new massage establishments and the expansion of existing massage establishments within the City and on the issuance of any permits, approvals, or entitlements for use for such development, including but not limited to subdivisions, use permits, variances, building permits, or any other applicable permit or entitlement for use which is required in order to comply with the City's zoning ordinances or with Baldwin Park Municipal Code Chapter 124. SECTION 4. City staff has initiated a study of appropriate modifications to the City's massage and zoning ordinances to reduce and/or mitigate negative secondary effects created by the number, location and illicit uses of massage establishments. Pending the completion of such studies and the adoption of an ordinance to establish appropriate operational and zoning regulations, it is necessary for the immediate preservation of the public, health, safety and welfare that this ordinance takes effect immediately. In the absence of immediate effectiveness, massage establishment uses in the City may be in conflict with regulations or requirements established with respect thereto. SECTION 5. This ordinance shall not preclude the continued operation of any lawfully existing massage establishment uses which are not peeking to expand, convert, relocate or otherwise change their use, or the opening or commencement of any massage Urgency Ordinance-1450 Massage Establishments February 19, 2020 Page 3 establishment uses as a new business for which all discretionary and non-discretionary approvals have been made prior to the effective date of this ordinance. SECTION 6. Staff has prepared a report available ten days before February 19, 2020 studying options with respect to the operations and regulations of massage establishments and said study is incorporated into this Ordinance be reference. SECTION 6. This ordinance is an interim urgency ordinance and shall take effect immediately. This is an interim urgency ordinance adopted pursuant to Section 65858 of the Government Code and shall expire ten months and fifteen days after the date hereof (January 15, 2021). SECTION 7. The City Council on the basis of the whole record and exercising independent judgment finds that this Interim Urgency Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act Sections 15060(c) (2) and 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it prevents change to the environment pending the completion of the contemplated research and studies. SECTION 8. If any part or provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. SECTION 9. This Urgency Ordinance shall go into effect immediately upon adoption by a four-fifths vote of the City Council. Urgency Ordinance-1450 Massage Establishments February 19, 2020 Page 4 APPROVED, PASSED, AND ADOPTED this 1 to day of February, 2020. r A1 Man wl= ��''' 7ayor BALDWIN PARK CITY COUNCIL ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF BALDWIN PARK ) I, Jean M. Ayala, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1450 was adopted as an urgency matter at a regular meeting of the City Council held February 19, 2020, by the following vote of the Council: AYES: COUNCILMEMBERSAvila, Garcia, Hernandez, Lozano, Pacheco NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE ABSTAIN: COUNCILMEMBERSNONE Jean . yala Baldw. ark, Ci lerk